Nikam opposes plea filed by accused for 'tainted' lawyer

PUNE: Special public prosecutor Ujjwal Nikam on Saturday opposed the plea filed by the two suspects in the rape and murder case of BPO employee Jyotikumari Chaudhari, requesting the court to permit them to render the services of 'tainted' lawyer Mahendra Kawchale.
Nikam, in a plea filed before principal district and sessions judge Anant Badar, said the accused Purshottam Borate and Pradeep Kokate had not made out any case under section 32 of the Advocates Act for rendering the services of Kawchale as it is the discretionary power of the court whether to allow a person who is not an advocate to conduct the trial.
Nikam said Kawchale had misled the court by signing a vakalatnama for defending the two accused on November 2 and December 20, 2009 that he had a sanad (licence to practise).
Nikam's plea states that Kawchale had filed the vakalatnama with deliberate intention as he did not possess a sanad of the Bar Council of Maharashtra and Goa and that he is guilty of suppressing material facts from the court and, therefore, the accused are not entitled to claim any relief under section 32 of the Advocates Act.
The Shivajinagar police had arrested Kawchale on April 23 in an alleged cheating case for practising as a lawyer at the district and sessions court and Bombay high court without a sanad. The bar council has suspended the sanad issued to Kawchale on the basis of forged documents on May 10.
Nikam has pointed out in the plea that Kawchale has bad antecedents and that there are several cases pending against him.
The plea states that the investigating officer in the murder case has reported that Kawchale's behavior was found irresponsible while cross examining prosecution witnesses No. 3 and No. 26, and that there was a serious misconduct on his part when he filed the vakalatnama on behalf of the accused.
Nikam has prayed to reject the plea made by the accused that they should be represented by Kawchale.
The hearing on the plea has been deferred till May 31.